• CARB (California Air Resources Board) orders BMS (Burger Tuning) to cease and desist the sale of BMW Aftermarket Performance Parts In California

      The California Air Resources Board (CARB or ARB) sent Burger Tuning a letter informing the company that they believe BMS is in violation of two California vehicle code sections dealing with anything that modifies a vehicle's emission control system. This includes downpipes, intakes, tuning boxes, exhaust systems, etc. CARB ordered an immediate cease and desist of sales and also requested three years of sales records including receipts and invoices.



      Whether BMS intends to comply with the records request is not known at this time but what that means for you if you live in California and bought BMS parts is that CARB could potentially acquire a list of names and addresses of people who own vehicles they know are likely in violation of California vehicle codes. What it means for BMS is a big problem regarding sales in California as CARB states BMS needs to apply for an exemption to allow sales even if parts are for off-road use.

      Why Burger Motorsports LLC is being targeted by CARB is unknown. We all know that as of right now hundreds if not thousands of companies are selling intakes, exhaust system, turbos, superchargers, etc., in California. BMS is being singled out here and it is quite possible a competitor made sure to point CARB toward BMS.

      California is the only state with a regulatory agency like CARB. The reason for this is because the agency existed before the federal Clean Air Act which is governed by the federal Environmental Protection Agency (EPA). One could argue that CARB is superfluous and that it is too much government control but the agency exists and wields strong authority giving California the most stringent emissions regulations in the nation.

      CARB essentially has the power to destroy an aftermarket performance automotive company's business in California. Considering California is the largest car market in the nation, that is about as big of a blow that can be levied. BMS is complying with CARB's request and halting sales of parts in California as the company explores its options. Terry Burger informed BimmerBoost he intends to make the off-road use warnings on BMS products more prominent.

      What this means for you, the enthusiast, is that the days of being able to modify your car are slowly coming to an end as CARB and the EPA clamp down. Even though we are in the golden age of horsepower and performance cars are becoming tuner dreams with turbo and supercharged cars coming from practically every manufacturer now you will have government agencies crack down and put an end to the fun as well as an end tremendous revenue and countless jobs. They do not want you modifying your car, period, and this is a gradual move in that direction. They also appear to be gearing up for going after people individually or why else request years of receipts, invoices, and transactions that would serve as implication?

      This unfortunately affects every one of us. Why BMS was targeted is unknown but what is known is that CARB has practically unlimited resources and can fine you into oblivion until you play the game the way they tell you to play it. Free market and free country? That it is not.

      CARB letter to BMS dated 3/10/14:

      Letter removed by request
      Comments 124 Comments
      1. DC47A's Avatar
        DC47A -
        Click here to enlarge Originally Posted by fastgti69 Click here to enlarge
        Really really blows. I don't understand how they can even just do that. Like communism lol
        "THIS PRODUCT IS FOR OFF ROAD COMPETITION USE ONLY!" What emissions? My car passed the test. I only use those parts on the track. F CARB they are not a major government agency that can tell the likes of Terry Burger what to do he is a BOSS! Believe me there are many ways around this. Hippies, Hipster, Yuppies, Green Thumbs, tree huggers need to join the peace core and go to Africa or South America and help some people and stop the nonsense. You will never stop emissions nor eliminate this fictitious thing they call global warming. Not to mention the earth rotates and has trade winds, so what is emitted in China today is here in California tomorrow. Bring back manufacturing and higher emissions and we all will have a couple dollars in our pockets! In turn being so happy because we can have the extra money and time to go on nature drives and do fat frothy burn outs in front of the people we view out in the middle of no where on the side of twisty back roads. I digress. . . . .

        Oh and P.S. they would absolutely love my Big tubro 6Liter huffing HELLACIOUS black smoke past them holding those signs.
      1. VargasTurboTech's Avatar
        VargasTurboTech -
        Its all about dollars, nothing else. We have dealt with CARB in the past, its a hassle. Either someone pointed the finger to BMS, or they had enough sales to trip a red light. Either way they absolutely do NOT want to destroy people businesses, that's the opposite of what they want, because they do not get money if they do not sell in CA. They want you to now apply and conform to CARB rules, get exemption for all your products, this costs $$$$, and takes a very long time. CARB is there to ensure you aren't going to sell products in CA that could violate smog rules unless you are going to pay them to do it. Simple greedy politics at its best.
      1. Group.america's Avatar
        Group.america -
        Tony, the whole thing really upsets me because I spent years and years fighting one government of low minded pissants (costs me bazillions and 8 years later is still not resolved).

        I do not want to see you guys and others (especially in small business) have to endure the same crud here in USA.

        but

        I see it already when I do my missus paperwork.... NY state threatened a fine on some workers insurance policy we had already paid because they lost the insurance company's paperwork.... the date of the letter from NY was ONE day after the old policy expiry date... then we add the healthcare paperwork, fighting the IRS because they cannot add up, California lead testing rules..... ad infinitum......
      1. ChuckD05's Avatar
        ChuckD05 -
        If someone did in fact rat on BMS. Whomever did so is really a low life scumbag/s.. Jealousy and hating at its finest. However, this is something Terry was prob aware of and may of scene coming or just said f em and rolled the dice with staying low key but with how his business has exploded, this comes with the territory and he will deal with it, pay whatever, wait however long, and move on.

        Sucks for sure, but what can you do?
      1. SCGT's Avatar
        SCGT -
        This is a suck.
      1. BimmerNFS's Avatar
        BimmerNFS -
        Crap like this is why i'm sure glad i do not live in CA. BMS should relocate so they can continue selling their amazing products.
      1. VargasTurboTech's Avatar
        VargasTurboTech -
        Click here to enlarge Originally Posted by BimmerNFS Click here to enlarge
        Crap like this is why i'm sure glad i do not live in CA. BMS should relocate so they can continue selling their amazing products.
        Not sure you are grasping how this works. Does not matter where your company is based, if you sell said products to people in California that can affect emissions, once you got CARBS radar, they expect you to comply with their rules.
      1. blisstik's Avatar
        blisstik -
        Does the clause for OFFROAD USE only help in any way?

        Click here to enlarge Originally Posted by VargasTurboTech Click here to enlarge
        Not sure you are grasping how this works. Does not matter where your company is based, if you sell said products to people in California that can affect emissions, once you got CARBS radar, they expect you to comply with their rules.
      1. benzy89's Avatar
        benzy89 -
        Irony = I was thinking of picking up an o2 sim
      1. Terry@BMS's Avatar
        Terry@BMS -
        Hey guys,

        We received a notice 3/14 from CARB that basically states we need to block all on-road performance part sales in to California. Although we feel it's always been clearly stated on both the website, install guides, and terms & conditions that all performance parts are sold by BMS are for use on off-road / competition vehicles only, we want to take some time to review our marketing and operating procedures in CA. Until that time we've suspended performance part sales in CA.

        In addition in doing some additional research certain competition use only parts appear more likely to attract misuse so just to play it extra safe we've decided to no longer distribute / resell any products that could be used to remove an emissions control system. Effective immediately we will no longer distribute downpipes from CPE, ER Racing, AR design, JIM Exhaust, etc. CPE has discussed getting their catted downpipe CARB approved and if they are able to do that then we will consider reselling them again.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by DC47A Click here to enlarge
        "THIS PRODUCT IS FOR OFF ROAD COMPETITION USE ONLY!" What emissions? My car passed the test. I only use those parts on the track. F CARB they are not a major government agency that can tell the likes of Terry Burger what to do he is a BOSS! Believe me there are many ways around this. Hippies, Hipster, Yuppies, Green Thumbs, tree huggers need to join the peace core and go to Africa or South America and help some people and stop the nonsense. You will never stop emissions nor eliminate this fictitious thing they call global warming. Not to mention the earth rotates and has trade winds, so what is emitted in China today is here in California tomorrow. Bring back manufacturing and higher emissions and we all will have a couple dollars in our pockets! In turn being so happy because we can have the extra money and time to go on nature drives and do fat frothy burn outs in front of the people we view out in the middle of no where on the side of twisty back roads. I digress. . . . .

        Oh and P.S. they would absolutely love my Big tubro 6Liter huffing HELLACIOUS black smoke past them holding those signs.
        Um, CARB tells everyone what to do including the BIG boys.

        Last month, San Bernardino County Superior Court fined an Ontario, CA trucking company $300,000 after a California Air Resources Board (CARB) investigation revealed that the carrier failed to upgrade 32 Transport Refrigeration Units (TRUs) with cleaner-burning, 2002-model-year or newer diesel engines.
        The California Air Resources Board announced nearly $1 million in penalties against 3 companies for late or inaccurate reporting of their greenhouse gas emissions for 2011. This action marks the second time the Air Resources Board has issued fines for violations of California’s Mandatory Greenhouse Gas Emissions Reporting regulation.

        • Chevron USA Inc. will pay $364,500 for reporting incorrect information regarding operations at its El Segundo Refinery. In this case the data remained uncorrected for 243 days.
        • In a separate matter, Chevron North America Exploration & Production Company of Houston, TX has agreed to pay $328,500 for late reporting of greenhouse gas emissions from its San Joaquin Valley oil fields. That data was late or incorrect for 219 days.
        • Southwest Gas Corporation of Las Vegas, NV has agreed to pay $300,000 to resolve its late report regarding natural gas supplied to California for the year 2011. Southwest’s data was reported 320 days late.

        The companies in all three cases have cooperated with the Air Resources Board to correct inaccurate data and to file missing reports. In each case, these are first violations and investigators have determined they were inadvertent. The companies involved brought the missing reports to ARB’s attention.
      1. Terry@BMS's Avatar
        Terry@BMS -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Um, CARB tells everyone what to do including the BIG boys.
        Check your email.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Terry@BMS Click here to enlarge
        Hey guys,

        We received a notice 3/14 from CARB that basically states we need to block all on-road performance part sales in to California. Although we feel it's always been clearly stated on both the website, install guides, and terms & conditions that all performance parts are sold by BMS are for use on off-road / competition vehicles only, we want to take some time to review our marketing and operating procedures in CA. Until that time we've suspended performance part sales in CA.

        In addition in doing some additional research certain competition use only parts appear more likely to attract misuse so just to play it extra safe we've decided to no longer distribute / resell any products that could be used to remove an emissions control system. Effective immediately we will no longer distribute downpipes from CPE, ER Racing, AR design, JIM Exhaust, etc. CPE has discussed getting their catted downpipe CARB approved and if they are able to do that then we will consider reselling them again.
        What about their records request and also statement that you need to apply for exemption even if the parts are for off-road use?
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Terry@BMS Click here to enlarge
        Check your email.
        I did.
      1. whoosh's Avatar
        whoosh -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Um, CARB tells everyone what to do including the BIG boys.






        • Chevron USA Inc. will pay $364,500 for reporting incorrect information regarding operations at its El Segundo Refinery. In this case the data remained uncorrected for 243 days.
        • In a separate matter, Chevron North America Exploration & Production Company of Houston, TX has agreed to pay $328,500 for late reporting of greenhouse gas emissions from its San Joaquin Valley oil fields. That data was late or incorrect for 219 days.
        • Southwest Gas Corporation of Las Vegas, NV has agreed to pay $300,000 to resolve its late report regarding natural gas supplied to California for the year 2011. Southwest’s data was reported 320 days late.

        The companies in all three cases have cooperated with the Air Resources Board to correct inaccurate data and to file missing reports. In each case, these are first violations and investigators have determined they were inadvertent. The companies involved brought the missing reports to ARB’s attention.
        So let's get this straight...

        CARB gets just under $1million in fines for companies that self-report their failure to file compliance on a timely basis? That would be the same thing as one of us going up to a squad car, telling the cop that we just drove 15 over on the highway, and the cop gives us a ticket.

        If CARB isn't paying close enough attention to see that companies are nearly a year late with their reporting, what the $#@! are they doing with YOUR taxes?
      1. rawad1017's Avatar
        rawad1017 -
        how about, vendors like BMS, to comply with CARB, sell downpipes with 200 cel cats?
      1. Sticky's Avatar
        Sticky -
        You can view the page at http://www.germanboost.com/content.p...formance-Parts
      1. crazylegs's Avatar
        crazylegs -
        $#@! that stupid fat red head troll looking $#@!. so $#@!ing dumb you pay for something you should be able to do with it what you want when it comes to modifying a car. this is nothing more than socalist $#@!s trying to destroy small business. global warming is a sham which has been proven over and over again. this is just like everything else the democrats are doing taking attention away from whats really an issue and make something up and blow it out of proportion to hide what really matters.

        $#@! my grammer
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by crazylegs Click here to enlarge
        $#@! that stupid fat red head troll looking $#@!. so $#@!ing dumb you pay for something you should be able to do with it what you want when it comes to modifying a car. this is nothing more than socalist $#@!s trying to destroy small business. global warming is a sham which has been proven over and over again. this is just like everything else the democrats are doing taking attention away from whats really an issue and make something up and blow it out of proportion to hide what really matters.

        $#@! my grammer
        It's CARB flexing their muscle but they usually don't go after the small guys. They like to target OEM's and levy huge fines. Going after BMS is odd to me.

        I don't know what Terry will do but I'm concerned and hope he figures out the best solution.

        What I'm concerned about for you guys is CARB trying to get a list of people with modifications. Targeting individuals seems to be next.
      1. SCGT's Avatar
        SCGT -
        I, for one, have never purchased, used, seen, or ridden in any vehicles with illegal performance modifications. My hobbies include modifying Prius's with solar panels to increase the range, useful as I'm going about the countryside planting trees and picking up highway litter. I'm just here for Sticky.